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HB168 INTRODUCED
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HB168
SLKUY77-1
By Representative Kiel
RFD: Public Safety and Homeland Security
First Read: 13-Jan-26
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SLKUY77-1 09/24/2025 CMH (L)bm 2025-2530
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First Read: 13-Jan-26
SYNOPSIS:
Under existing law, loitering is a crime
committed when a person unlawfully loiters, remains, or
wanders about a specified place for a prohibited
purpose. The crime is also committed when a masked
person loiters, remains, or congregates in a public
place.
Existing law specifies that the crime is not
committed when the person is participating in a
masquerade event or participating in a public parade
presentation or an educational, religious, or
historical event.
This bill would further provide for the
exemption by including wearing a surgical or medical
mask while participating in a protest, demonstration,
or other public assembly, provided the use of the mask
is to mitigate the spread of an infectious disease.
This bill would also allow local boards of
education and public institutions of higher education
to adopt and enforce mask policies on their respective
campuses.
A BILL
TO BE ENTITLED
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TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Section
13A-11-9, Code of Alabama 1975; to further provide exemptions
to the crime of loitering; and to authorize each local board
of education and each public institution of higher education
to adopt and enforce policies relating to the usage of masks
on campus.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-11-9, Code of Alabama 1975, is
amended to read as follows:
"§13A-11-9
(a) A person commits the crime of loitering if he or
she does any of the following:
(1) Loiters, remains, or wanders about in a public
place for the purpose of begging.
(2) Loiters or remains in a public place for the
purpose of gambling.
(3) Loiters or remains in a public place for the
purpose of engaging or soliciting another person to engage in
prostitution or sodomy , as defined in Section 13A-6-60 .
(4) BeingWhile being masked, loiters, remains, or
congregates in a public place.
(5) Loiters or remains in or about a school, college,
or university building or grounds after having been told to
leave by any authorized official of the school, college, or
university, not having any reason or relationship involving
custody of or responsibility for a pupil or any other
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custody of or responsibility for a pupil or any other
specific, legitimate reason for being there, and not having
written permission from a school, college, or university
administrator.
(6) Loiters or remains in any transportation facility,
unless specifically authorized to do so, for the purpose of
soliciting or engaging in any business, trade, or commercial
transactions involving the sale of merchandise or services.
(7) Loiters or remains in any place with one or more
persons for the purpose of unlawfully using or possessing a
dangerous drug. For purposes of this subdivision, "dangerous
drug" means any narcotic drug or controlled substance as
defined in Section 20-2-2.
(8) Loiters or remains on a public roadway maintained
by the state, the right-of-way of a public roadway maintained
by the state, or any area within 30 feet of any interchange
involving a controlled-access or limited-access highway. An
"interchange" is defined as a system of interconnecting
roadways providing for traffic movement between two or more
roadways that do not intersect at grade.
(b) A person does not commit a crime under subdivision
(a)(4) if he or she is goingdoing any of the following:
(1) Going to or from or staying at a masquerade party ,
or is participating .
(2) Participating in a public parade or presentation of
an educational, religious, or historical character or in an
event as defined in Section 13A-11-140.
(3)a. Wearing a medical or surgical grade mask during
any protest, demonstration, or other public assembly for the
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any protest, demonstration, or other public assembly for the
purpose of complying with documented guidance of his or her
health care provider to prevent the spread of infectious
disease. A law enforcement officer may require an individual
wearing a mask under such circumstances to produce documented
medical guidance to substantiate the applicability of this
exemption.
b. On the request of a law enforcement officer or a
representative of the owner of the property where the wearer
is present during the circumstances described in paragraph a.,
the individual shall remove his or her mask for the purpose of
the identification of the wearer.
(c) Sodomy in subdivision (a)(3) is defined as in
Section 13A-6-60.
(d) Dangerous drug in subdivision (a)(7) means any
narcotic, drug, or controlled substance as defined in Chapter
2 of Title 20 and any schedule incorporated therein.
(e)(c)(1) Loitering is a violation.
(2) A second or subsequent violation of this section in
the same jurisdiction is a Class C misdemeanor.
(f)(d)(1) Prior to making an arrest for a violation of
subdivision (a)(8), a law enforcement officer may instruct any
person in violation of subdivision (a)(8) to immediately and
peaceably exit the public roadway maintained by the state or
the right-of-way of the public roadway maintained by the
state.
(2)a. Prior to making an arrest for an initial
violation of subdivision (a)(8), a law enforcement officer may
offer to transport any person in violation of subdivision
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offer to transport any person in violation of subdivision
(a)(8) to a location in the jurisdiction that offers emergency
housing, if applicable.
b. If a person accepts an offer made pursuant to
subdivision (1), a law enforcement officer may transport the
person accordingly.
(g)(e) Any actions undertaken by a law enforcement
officer pursuant to this section shall be subject to Section
36-1-12."
Section 2. (a) Each local board of education may
establish broader or more restrictive policies, rules,
directives, or guidelines related to the use of masks during
any protest, demonstration, or other public assembly on
property owned by or under the control of the board of
education.
(b) A local board of education may impose
administrative discipline for a violation of a policy, rule,
directive, or guideline adopted under subsection (a), but the
violation may not serve as a basis for a criminal charge under
Section 13A-11-9, Code of Alabama 1975.
Section 3. (a) The governing body of each public
two-year or four-year institution of higher education may
establish broader or more restrictive policies, rules,
directives, or guidelines related to the use of masks during
any protest, demonstration, or other public assembly on
property owned by or under the control of the public
institution of higher education.
(b) The governing body of a public two-year or
four-year institution of higher education may impose
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four-year institution of higher education may impose
administrative discipline for a violation of a policy, rule,
directive, or guideline adopted under subsection (a), but the
violation may not serve as a basis for a criminal charge under
Section 13A-11-9, Code of Alabama 1975.
Section 4. This act shall become effective on October
1, 2026.
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